[2013] KEHC 1244 (KLR)
The court found that the offence of stealing stock was grave, particularly given the applicant's involvement in a syndicate engaged in systematic theft and sale of cattle. The trial court's sentence of two years imprisonment was deemed appropriate and proportionate to the seriousness of the offence and the need for...
Source-derived case information.
- Citation
- [2013] KEHC 1244 (KLR)
- Parties
- Applicant: Rosemary Chepngetich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 214 o20 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application for revision dismissed; sentence upheld
- Judges
- B Ongaya
- Legal Topics
- Stealing Stock, Sentencing, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosemary Chepngetich
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the sentence imposed by the trial court for the offence of stealing stock was appropriate in the circumstances.
- 2 Whether the applicant should be granted an order for community service in lieu of imprisonment.
Ratio Decidendi
The court found that the offence of stealing stock was grave, particularly given the applicant's involvement in a syndicate engaged in systematic theft and sale of cattle. The trial court's sentence of two years imprisonment was deemed appropriate and proportionate to the seriousness of the offence and the need for deterrence. The application for community service was declined as the circumstances did not justify a non-custodial sentence. The court upheld the original sentence, emphasizing the importance of protecting the community from organized stock theft.
Court Disposition
application for revision dismissed; sentence upheld
Orders
- The sentence of two years imprisonment imposed by the trial court is upheld.
- The application for an order for community service is declined.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
REVISION NO. 214 OF 2013
(BEING A REVISION IN THE CONVICTION AND SENTENCE ON 12. 10. 2012 BY THE HONOURABLE AG.SENIOR RESIDENT MAGISTRATE, V.KARANJA AT BOMET IN CRIMINAL CASE NO. 253 OF 2012)
ROSEMARY CHEPNGETICH.......APPLICANT
-VERSUS-
REPUBLIC.................................RESPONDENT
(BEFORE HON. JUSTICE BYRAMONGAYA ON FRIDAY 18TH OCTOBER, 2013)
RULING ON REVISION
The applicant Rosemary Chepngetich was convicted of the offence of stealing stock contrary to Section 278 of the Penal Code and sentenced to serve 2 years imprisonment effective 12/10/2012. She has served one year imprisonment. The report by the probation officer shows that the applicant was operating a syndicate of stealing and selling off cattle in her home area and in far flung areas culminating into the offence she was convicted and sentenced.
I have considered the gravity of the offence. In the circumstances of the case, the trial court's sentence is upheld and the order for community service is declined.
Signed, datedanddeliveredin courtatKerichothisFriday, 18th October, 2013.
BYRAM ONGAYA
JUDGE